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  • Liberty Nat'l Life Ins. Co. v. Radiotherapy of Ga. PC

    Publication Date: 2001-12-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: J. Wallace Speed Lowendick, Speed & Cuzdey LLC, Atlanta, and Lesli R. Seta Speed & Seta LLC, Lawrenceville, for appellant.
    for defendant: Robert M. Martin, Ruth H. Gershon Jones, Day, Reavis & Pogue, Seaton D. Purdom, Linda A. Klein Gambrell & Stolz, Atlanta, Gene M. Winburn and John J. Barrow Winburn, Lewis & Barrow PC, Athens, for appellees.
    Case Number: A01A1380

    Plaintiff failed to show that it reasonably relied on defendants' alleged misrepresentations regarding the reasonable and customary charges for certain cancer treat

  • Shortnacy v. North Atlanta Internal Med. PC

    Publication Date: 2001-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Clinton W. Sitton and Robert H. Benfield Jr., Atlanta, for appellant.
    for defendant: . Jonathan C. Peters, Vicki M. Miller and Michael T. Carithers Love & Willingham LLP, Atlanta, for appellees.
    Case Number: A01A0953

    The trial court did not abuse its discretion in opening defendants' default where defendants reasonably believed that their malpractice insurer was defending plaintiffs'

  • Ray v. Scottish Rite Children's Med. Ctr. Inc.

    Publication Date: 2001-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Robert J. White, Woodstock, for appellant.
    for defendant: . Dow N. Kirkpatrick II, Robert P. Riordan and Christopher A. Riley Alston & Bird, Atlanta, for appellee.
    Case Number: A01A1495

    Plaintiffs' claims against a hospital for negligent retention of the doctor who cared for their son were barred by the medical malpractice statute of limitation and statute of r

  • Rockefeller v. Kaiser Found. Health Plan of Ga.

    Publication Date: 2001-10-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Matthew F. McGahren Baum & McGahren LLC, Norcross, Neal H. Howard, Joann B. Williams, William D. James and Debra S. Robinson Neal H. Howard & Assocs., Atlanta, for appellant.
    for defendant: Jonathan C. Peters and Jason B. Branch Love & Willingham, Atlanta, for appellees.
    Case Number: A01A1808

    Plaintiff was entitled to partial summary judgment on the issue of whether defendants were negligent per se for violating the Physician's Assistan

  • Hill v. City of Fort Valley, Ga.

    Publication Date: 2001-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: James V. Towson, Joel A. Howe Miller & Towson, Sharon H. Reeves and Thomas C. Alexander Jones, Cork & Miller LLP, Macon, for appellant.
    for defendant: . Gregory Homer, Fort Valley, for appellees.
    Case Number: A01A1352

    Plaintiffs failed to state a claim for emotional distress based on defendant's actions in disinterring and reburying their mother after defendants discovered that she was buried in the wrong

  • Law Journal Press | Digital Book

    Discretionary Tax and Economic Incentives

    Authors: Frederick W. Kindel

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  • Williamson v. Coastal Physician Servs. of the S.E. Inc.

    Publication Date: 2001-09-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Lance D. Lourie, Stephen R. Chance, Joseph W. Watkins Watkins, Lourie & Roll LLP, and Richard W. Summers, Atlanta, for appellant.
    for defendant: . John K. Train IV Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Robert D. McCallum Jr., Elizabeth Bertschi Alston & Bird, and Michael J. Hannan III Love & Willingham, Atlanta for appellees.
    Case Number: A01A1366

    A medical staffing service was not vicariously liable for the actions of its independent contractor who treatment plaintiff's husband in the emergency room two weeks before he

  • Coleman v. Grimes

    Publication Date: 2001-08-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Josie L. Redwine, Marietta, for appellant.
    for defendant: Donald W. Huskins, Solicitor General, Eatonton, for appellee.
    Case Number: A01A1470

    Collateral estoppel barred the child's mother and step-father from relitigating their claims that the biological father abandoned the child or was not fit to assume his parental r

  • Parkside Ctr. Ltd. v. Chicagoland Vending Inc.

    Publication Date: 2001-08-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Thomas J. Browning Barnes, Browning, Tanksley & Casurella, Marietta, for Parkside Ctr. Paul Oliver and Rhonda L. Klein Wimberly, Lawson, Steckel, Nelson & Schneider, Atlanta, for Chicagoland Vending Inc.
    for defendant:
    Case Number: A01A0461; A01A0757

    The defendants violated an exclusivity cov in the parties' shopping center lease by leasing space to a competing t

  • McCall v. Henry Med. Ctr. Inc.

    Publication Date: 2001-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Curtis A. Thurston Jr., Atlanta, for appellant.
    for defendant: Robert L. Goldstucker Nall, Miller, Owens, Hocutt & Howard, Atlanta, Rod G. Meadows and Bonnie L. Baker Meadows & Futch PC, Stockbridge, for appellee. Other party representation: Jack S. Schroder Jr., Kevin E. Grady, Angela T. Burnette Alston & Bird, Atlanta, and Mark L. Stuckey Law Offices of Charles L. Ruffin, Macon.
    Case Number: A01A0586

    A m center was not automatically immune under O.C.G.A. § 31-7-132 a from plaintiff's claim that it was negligent in granting m privileges to the surgeon who operated on plaintiff on the

  • Bulloch South Inc. d/b/a Red Carpet Inn v. Gosai

    Publication Date: 2001-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Jesse C. Stone and Lance J. Hamilton Merrill, Stone & Hamilton LLC, Swainsboro, for appellant.
    for defendant: . Emmett L. Goodman Jr., Macon, for appellees.
    Case Number: A01A0591

    The parties option agreement was enforceable, even though it was included in the parties unenforceable sales agreement, because the 60-day option was based on separate consider